Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 664
PRACTICE and PROCEDURE – Service out of the jurisdiction – prima facie case shown within Order 8 rule 1 of the Federal Court Rules – discretionary considerations, including the international political nature of the issues and the question of futility, sufficient not to grant leave – acceptance of statements of views of Executive Government as relevant to discretionary considerations – non-justiciability of expressions of views of Executive Government on foreign affairs. Baker v Carr 369 US 186 (1962) referred to Buttes Gas and Oil v Hammer (No 3) [1982] AC 888 referred to El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA (2004) 209 ALR 448; [2004] 2 Lloyd's Rep 537 referred to Gerhardy v Brown (1985) 57 ALR 472 applied Kuwait Airways Corporation v Iraqi Airways Co (No 6) [2002] 2 AC 883 referred to Minister for Arts, Heritage and Environment v Peko Wallsend Ltd (1987) 15 FCR 274 applied Petrotimor v Commonwealth (2003) 126 FCR 354 applied R v Bow Street Magistrates; Ex parte Pinochet No 1 [2000] 1 AC 61 referred to R v DPP; Ex parte Kebilene [2000] 2 AC 326 referred to Re Ditfort; Ex parte Deputy Commissioner of Taxation (1988) 19 FCR 47 discussed Secretary of State v Rehman [2003] 1 AC 153 referred to Koh "The Exclusive Economic Zone" 30 Malaya Law Review 1 in Caminos (Ed), The Law of the Sea (Ashgate 2001) Lindell "Judicial Review of International Affairs" in Opeskin and Rothwell (Eds) International Law and Australian Federalism Humane Society International Inc v Kyodo Senpaku Kaisha Ltd NSD 1519 of 2004 ALLSOP J 27 MAY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 of 2004
BETWEEN: Humane Society International Inc
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